HKSAR v. LI LEUNG FAI

DCCC 1025/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1025 OF 2016

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REASONS FOR SENTENCE

1.  Li Leung Fai you have pleaded guilty to one charge of trafficking in 10.1 grammes of a solid containing 9.0 grammes of cocaine, contrary to section 4 of the Dangerous Drugs Ordinance[1].

2.  In summary at around 0122 hours on 19 August last year the police intercepted you outside 242 Sha Tsui Road in Tsuen Wan.  The police found inside the left front pocket of your trousers a bag containing the cocaine.  The police also found a mobile phone, HK$2,261.50 and RMB80.

3.  Under caution you admitted you were paid $1,000 to take the drugs to Tsuen Wan. 

Mitigation

4.  In passing sentence, I have carefully considered everything said on your behalf by Mr Yuen together with your letter of mitigation.  I take into account that you are only 17, 16 at the time of the offence.

5.  Section 109A of the Criminal Procedure Ordinance[2], provides no court shall sentence a person of or over 16 and under 21 years of age to imprisonment unless the court is of the opinion that no other method of dealing with such person is appropriate.  Whilst this provision does not apply to trafficking in a dangerous drug, which is an excepted offence, a court must exercise great care before committing a young offender to prison. 

6.  In Secretary for Justice v Chau Tsz Tim the Court of Appeal restated that only in very rare cases where there are exceptional circumstances will a Training Centre Order be appropriate for trafficking in substantial quantities of drugs[3]. 

7.  Mr Yuen tells the court you acted out of greed and that because you are a drug addict you needed money to pay for your drugs.   You are presently serving sentence in a Drug Addiction Treatment Centre[4]. Ms Khubchandani informs the court the offence for which you were sentenced to DATC was committed in 2012.  You were arrested in 2013 and placed on police bail.  You therefore committed the present offence whilst on bail.  I also note your triad association[5].

8.  After very careful consideration I am satisfied this is not one of those very rare cases where a Training Centre Order may be appropriate. Furthermore, the fact you are serving DATC it is most unlikely you would be found suitable for training centre.  Notwithstanding your young age I am satisfied I can proceed to sentence today without calling for any reports. 

Sentence

9.  The courts have equated for sentencing purposes cocaine with heroin[6].  In R v Lau Tak Ming[7]the Court of Appeal laid down guidelines for trafficking in heroin.  The court said that the sentence upon conviction after trial where the quantity of narcotic is up to 10 grammes is between 2 and 5 years imprisonment. 

10.  On a purely mathematical approach a starting point of just over 4 years and 8 months would be appropriate for trafficking in 9.0 grammes of cocaine.  Taking into account your young age I am satisfied a starting point of 4 years and 6 months imprisonment is appropriate. 

11.  The commission of offences on bail is an aggravating feature of sentence for which the starting point may be increased.  Taking into account you had been on bail for over two years before committing any further offence and that you have no prior drug convictions I do not increase the starting point.

12.  Giving you full credit for your plea of guilty you are convicted and sentenced to 3 years imprisonment.